UNIVERSITY COLLEGE LONDON
AMENDED STATUTE (18)
Part I Procedures and Principles
1. This Statute shall apply to all staff employed by UCL.
2. The Council shall ensure that, in respect of staff other than the Provost, (in
respect of whom separate provision is made below), there are in place
procedures for:
(i)
the handling of disciplinary cases, including the dismissal of such
members of staff by reason of misconduct and for appeals against
disciplinary action;
(ii)
the dismissal of members of staff by reason of redundancy and
appeals against such dismissals;
(iii)
the dismissal of members of staff (following confirmation in post after
his or her probationary period) by reason of unsatisfactory
performance and appeals against such dismissals;
(iv)
the dismissal of members of staff on the grounds of ill health or
medical incapacity and appeals against such dismissals;
(v)
the review of performance and progress of staff during any
probationary period to which their appointment or employment is
subject, and for the dismissal of such staff during or at the end of their
probationary period in the event of unsatisfactory progress or
performance, and appeals against such dismissals;
(vi)
the dismissal of such members of staff for any reason other than the
reasons specified in sub-paragraphs (i) – (v) above and appeals
against such dismissals;
(vii)
the removal of staff from any role that is not defined within a member
of staff’s substantive contract of employment by reason of
unsatisfactory performance or misconduct and appeals against such
removal;
(viii)
the handling of grievances raised by members of staff.
3. Council shall ensure that there are in place procedures for the removal from
office and dismissal of the Provost.
4. In ensuring procedures are in place under paragraph 2 and 3, Council shall
apply the following guiding principles:
(i)
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to ensure that academic staff have freedom within the law to question
and test received wisdom, and to put forward new ideas and
controversial or unpopular opinions, without placing themselves in
jeopardy of losing their jobs or privileges;
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(ii)
to enable UCL to deliver its mission and associated activities
efficiently and economically; and
(iii)
to apply the principles of justice and fairness.
5. For the purposes of paragraph 4 (i) of this Statute only, "academic staff" shall
include any employee of UCL who is employed to engage directly in, or carry
out, teaching or academic research.
6. All other references in this Statute to "academic staff" are references to
Professors, Readers, Senior Lecturers, Senior Clinical Lecturers, Lecturers,
Clinical Lecturers or persons holding any other appointment (other than an
honorary appointment) designated as an appointment on the Academic Staff of
UCL by the Council.
7. Any procedure adopted under paragraph 2 shall be interpreted and applied in
every case to give effect to the guiding principles in paragraph 4.
8. For the avoidance of doubt, any procedure adopted by Council for the dismissal
of academic staff by reason of redundancy shall not apply to a member of
academic staff whose appointment was made, or contract of employment
entered into, on or before 19 November 1987, and who has not been promoted
after that date.
Part II Standing Committee on Academic Freedom
9. Council shall appoint a Standing Committee on Academic Freedom whose
membership shall comprise a Chair, two lay members of Council and two
academic members of staff with experience in research and scholarship.
10. This paragraph shall apply where:
(i) an organisational change is proposed which, if implemented, would involve
the dismissal of a member of academic staff (as defined under paragraph 6 of
this Statute) by reason of redundancy; and
(ii) during consultation on that proposal (in accordance with the relevant
procedure), it is argued that the dismissal of any member of academic staff in
consequence of that proposal would breach the guiding principle of academic
freedom in paragraph 4 (i); and
(iii) that dispute about the guiding principle of academic freedom is not
resolved at the conclusion of the consultation with the recognised trade unions
on the proposal.
11. In cases where paragraph 10 applies, paragraph 12 to 15 will apply.
12. The final proposal for organisational change arrived at following consultation
with the recognised trade unions shall be referred to the Standing Committee
on Academic Freedom for consideration.
13. The Standing Committee on Academic Freedom shall consider (and only
consider) whether the proposal for organisational change is consistent with the
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guiding principles set out in paragraph 4 (i) as interpreted or applied having
regard to the other guiding principles set out in paragraph 4 (ii) and (iii).
14. The Standing Committee on Academic Freedom may:
(i) confirm that it considers that the proposal for organisational change is
consistent with the guiding principles set out in paragraph 4 (i) as interpreted
or applied having regard to the other guiding principles set out in paragraph 4
(ii) and (iii); or
(ii) refer it to the Provost for further consideration in relation to the guiding
principles in paragraph 4 (i), with such advice or comments regarding that
matter as it considers appropriate.
15. In any case where the Standing Committee on Academic Freedom has referred
the proposal for organisational change to the Provost for further consideration,
the Provost may:
(i) submit a revised proposal to the Standing Committee on Academic
Freedom for further consideration by it; or
(ii) seek Council's approval for the original (or any revised) proposal.
16. The role of the Standing Committee on Academic Freedom will also be to
provide advice (if requested) to:
(i) any panel or person who is hearing an appeal against the dismissal of a
member of academic staff (as defined under paragraph 6) under:
(a) the appeal stages of the procedures adopted under paragraph 2(i)
or 2(iii); or
(b) the appeal stages of the procedure adopted under paragraph 2(ii),
save in respect of cases in which the Standing Committee on
Academic Freedom has already provided advice pursuant to
paragraph 10; or
(ii) any panel hearing an appeal in relation to a grievance raised, under the
procedure adopted under paragraph 2 (viii), by a member of academic staff
(as defined under paragraph 6) in which it is alleged that academic privileges
have been withdrawn or withheld as a result of the exercise by that member of
staff of academic freedom as defined in paragraph 4 (i).
17. The advice to be provided by the Standing Committee on Academic Freedom
shall be advice on the principles to be applied when interpreting and applying
the guiding principle of academic freedom in paragraph 4 (i). It shall not be the
role of the Standing Committee on Academic Freedom to make findings of fact
or to consider the detailed evidence in the case or to determine itself whether or
not the member of staff should have been dismissed. The advice from the
Standing Committee on Academic Freedom shall not be binding. The ultimate
responsibility for interpreting and applying the guiding principle of academic
freedom and the other guiding principles listed in paragraph 4 shall remain with
the panel or persons tasked, under the appeal stages of the procedures
adopted under paragraphs 2 (i), (ii) or (iii) (as the case may be), with
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determining any appeal against dismissal, or with determining the appeal stage
of any grievance under the procedure adopted in paragraph 2 (viii).
18. For the avoidance of doubt, if the advice from the Standing Committee on
Academic Freedom is not received within 28 days or such longer timescale
considered reasonable by the chair of the panel, or the person, hearing the
appeal against dismissal, or the grievance, nothing in this Statute shall preclude
a decision being taken on the appeal.
19. A request for advice under paragraph 16 shall be made in writing to the Chair of
the Standing Committee on Academic Freedom by the chair of the panel, or the
person, hearing the appeal against dismissal or the appeal in relation to the
grievance (as the case may be).
20. The Standing Committee on Academic Freedom shall consider (or nominate
one of its members to consider) any request for advice made to it under
paragraph 17 and provide such advice as it considers appropriate to the appeal
panel or person who will hear the appeal in question. The advice shall be
copied to the member of academic staff and to the person responsible for
presenting the response to the appeal.
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